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Features

Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Drug & Device News

ALM Staff & Law Journal Newsletters

The latest news of importance to you and your practice.

Features

Opinion: Supreme Court Botches Preemption Case

Gregory Conko

One author's strong views about <i>Wyeth v. Levine</i>.

Tort Reform Damage Caps in California, and Beyond

David M. Axelrad & David S. Ettinger

In last month's newsletter the authors looked at California's 25-year-old medical malpractice award damage cap legislation ' the Medical Injury Compensation Reform Act (MICRA) ' and began to explore arguments for and against its constitutionality. Herein, they continue that discussion.

State Claim Not Preempted By Federal Drug Labeling Law

Tony Mauro

The decisive March 4 U.S. Supreme Court ruling against Wyeth in a landmark pharmaceutical product liability case may also close off a major front in a hard-fought battle by businesses and the Bush administration to insulate national corporations from state tort litigation.

Medical-Legal Issues of Emergency Airway Management

Mark J. Greenwood

The failure to manage a patient's airway can lead to lack of oxygenation and ventilation, and to resulting brain injury or death. Such failures can easily culminate in large awards. An expert explains.

Features

Don't Overlook Nontraditional Defenses in Patent Litigations

Jonathan S. Caplan & Mark A. Baghdassarian

It is a staple in virtually every patent case for defendants to assert defenses of non-infringement, invalidity, and inequitable conduct. While patent litigators appropriately focus on these traditional defenses, there are also nontraditional defenses &mdash; including lack of ownership of the patent-in-suit, judicial estoppel, and unclean hands &mdash; that may be incredibly beneficial to patent defendants.

The Patent Renewals Challenge: Balancing Risk and Cost

Paul DiGiammarino

By intelligently abandoning non-essential patents and trademarks and increasing revenue from IP sales, businesses can strengthen their balance sheets and increase competitiveness.

Features

IP Strategies for a Green Economy

B. Delano Jordan

This article considers the unique aspects of clean technology and renewable energy against the backdrop of a rapidly changing patent law landscape. In particular, the article considers recent U.S. Supreme Court patent cases and how they may impact business decisions, development deals, and other transactional aspects of interest to those in the cleantech and renewable energy industry.

Features

IP News

Howard J. Shire & Matthew Berkowitz

Highlights of the latest intellectual property news from around the country.

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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